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bruneilawsby aturio
In force2024 Revised Edition
Contents

Part · Returns

55D. Section 55B notice applies notwithstanding duty of secrecy under relevant laws

(1)

This section applies where —

(a)

the

Collector requires any information for the administration of this Act, other than for an investigation or a prosecution for an offence alleged or suspected to have been committed against this Act;

(b)

the information is protected from unauthorised disclosure under any of the following laws (in this section referred to as the relevant laws) —

(i)

section 58 of the Banking Order, 2006 (S 45/2006), including any regulations made for the purposes of subsection (10) of that section;

(ii)

section 58 of the Islamic Banking Order, 2008

(S 96/2008), including any regulations made for the purposes of subsection (10) of that section;

(iii)

section 18 of the International Banking Order, 2000

(S 53/2000);

(iv)

section 35 of the Registered Agents and Trustees

Licensing Order, 2000 (S 54/2000); and

(c)

the Collector issues a notice under section 55B(3) to a person to provide that information.

Income Tax

(2)

Notwithstanding anything in section 55B(2), a person issued with a notice referred to in subsection (1)(c) is not excused from providing the information by reason only that the person is under a statutory obligation to observe secrecy under a relevant law, and that notice shall have effect notwithstanding the relevant law.

(3)

A person who in good faith complies with a notice referred to in subsection (1)(c) shall not be treated as being in breach of the relevant law.

(4)

No action for a breach of the relevant law shall lie against the person referred to in subsection (3) —

(a)

for producing any document or providing any information if he had done so in good faith in compliance with a notice referred to in subsection (1)(c); or

(b)

for doing or omitting to do any act if he had done or omitted to do the act in good faith and as a result of complying with such a notice.

Report

Read on from s 55E

Part

Assessments

Read on from Part

Part

Reviews and Appeals

Read on from Part

Part

Collection, Recovery and Repayment of Tax

Read on from Part

Part

Offences and Penalties

Read on from Part

Schedules